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Are my design differences enough that I should continue with my idea?

Asked over 2 years ago - Macon, GA

I found a similar patent US652713 where this design uses internal duct work to route cool crawlspace air to the attic. I had designed a system to accomplish the same results but I use gutters on the exterior walls of a home to pass cool air through the eve. I need to know if I have an infrigment with this patent and should stop. Very concerned.

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Kurt Van Thomme

Reputation Level 11

Answered over 2 years ago. Intellectual Property Law Attorney in Johnston, IA.

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The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

Unfortunately, you appear to have left out one of the numbers of the patent. U.S. Patent No. 652,713 issued in 1900 and has long since expired.

Even with the correct patent number, however, in order to do a competent infringement analysis, it is generally necessary to actually examine either a sample of the potentially infringing product or at a minimum detailed specifications, including photos or engineering drawings. This depends on what the patent potentially covers of course, but this forum is not conducive to analyzing the question of patent infringement. You should hire a patent lawyer.

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Steven L. O'Donnell

Reputation Level 10

Answered over 2 years ago. Intellectual Property Law Attorney in Lancaster, PA.

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There is simply no way to answer this on the facts presented. You need to hire a patent attorney to analyze the two products and prepare a clearance letter for you. Knowingly infringing a patent can lead to an award of triple damages and legal fees.

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